Would it be possible for the neighbors to sue Naturewalk based on the covenants and restrictions in old seagrove?
Naturewalk at Seagrove
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I don't know that answer, but according to the rules, the Board of County Commissioners in this case of nonconforming use is the body which governs regarding the deed restrictions.
Growth is here.
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Club?s approval highlights problems with land development code
By Gabriel Tynes
Developers of Seagrove Beach?s NatureWalk community won their year-long bid to construct a private beach club Tuesday after the planning department reported it did not violate the county?s comprehensive plan.
The decision paves the way for an 18-unit condominium complex with an attached restaurant, lounge, spa, swimming pool and deck to replace the Seagrove Villas motel on County Road 30A. The club will be for the use of Nature Walk homeowners, whose primary community is about one mile north of the beach.
The project had been in limbo for several months while developers worked with a group of neighboring property owners to address concerns about density, traffic, parking and use. Several Seagrove residents complained that the beach club did not meet land use guidelines.
The 1.2 acre-parcel is zoned ?residential preservation,? which does not allow new commercial or workplace uses within a 250-foot buffer of a neighborhood planning area, such as Seagrove. Also, the designation only permits one single family unit per platted lot.
The four-story, 66,000 square-foot beach club will allow a density of 14.87 units per acre, almost three more than the 12 allowed in the highest landuse category in the county.
George Ralph Miller, representing NatureWalk developers Olsen and Associates, argued the zoning was an error, and covenants and restrictions within the original deed allow such use. Miller said furthermore, since the property is already a motel, the proposed commercial activity would not be ?new.?
The planning department?s approval hinged on a report by Assistant Planning Manager Tim Brown, who said the designation could have been an error, but his findings were based on the original covenants and restrictions.
?It?s more than likely an error,? Brown said of the zoning restrictions. ?There?s no reason to put RP on an existing commercial parcel. I can?t say what [the former planners] were thinking, but they may have wanted the commercial use to go away some time in the future.?
Either way, Brown said, the covenants and restrictions allow the developers to proceed.
?This is a train wreck,? said District 5 Commissioner Cindy Meadows, who ultimately voted against the proposal.
Meadows was referring to the limits of the planning department because of the covenants and restrictions. Without them, the developers would have had to seek approval based on a ?non-conforming use? platform. Non-conforming uses do not allow expansion of any existing developments.
Planning Director Pat Blackshear admitted the situation was sort of a quagmire that could only be regulated with amendments to the land development code.
?This is the type of situation I have been warning about since day one,? said Blackshear, who joined the department in 2005. ?We outlined some solutions in the [Evaluation and Appraisal Report] and hopefully we can adopt some amendments.?
Brown?s report stated the impacts of the new development would be ?equal to or less than? the existing non-conforming use, even though it will be two-thirds larger and more than double the occupancy guidelines suggested by the Department of Environmental Protection.
Elton Stephens, whose family has had a presence in Seagrove beach since 1949, was against the decision.
?We?re not against progress, but Seagrove is quiet and peaceful and we like it the way it is,? he said. ?This is going to bring too many people to an area of the beach that is already crowded.?
With commissioners Meadows and Sara Comander voting against the proposal, it passed 3-2. There is no word on when demolition of the Seagrove Villas will begin.
By Gabriel Tynes
Developers of Seagrove Beach?s NatureWalk community won their year-long bid to construct a private beach club Tuesday after the planning department reported it did not violate the county?s comprehensive plan.
The decision paves the way for an 18-unit condominium complex with an attached restaurant, lounge, spa, swimming pool and deck to replace the Seagrove Villas motel on County Road 30A. The club will be for the use of Nature Walk homeowners, whose primary community is about one mile north of the beach.
The project had been in limbo for several months while developers worked with a group of neighboring property owners to address concerns about density, traffic, parking and use. Several Seagrove residents complained that the beach club did not meet land use guidelines.
The 1.2 acre-parcel is zoned ?residential preservation,? which does not allow new commercial or workplace uses within a 250-foot buffer of a neighborhood planning area, such as Seagrove. Also, the designation only permits one single family unit per platted lot.
The four-story, 66,000 square-foot beach club will allow a density of 14.87 units per acre, almost three more than the 12 allowed in the highest landuse category in the county.
George Ralph Miller, representing NatureWalk developers Olsen and Associates, argued the zoning was an error, and covenants and restrictions within the original deed allow such use. Miller said furthermore, since the property is already a motel, the proposed commercial activity would not be ?new.?
The planning department?s approval hinged on a report by Assistant Planning Manager Tim Brown, who said the designation could have been an error, but his findings were based on the original covenants and restrictions.
?It?s more than likely an error,? Brown said of the zoning restrictions. ?There?s no reason to put RP on an existing commercial parcel. I can?t say what [the former planners] were thinking, but they may have wanted the commercial use to go away some time in the future.?
Either way, Brown said, the covenants and restrictions allow the developers to proceed.
?This is a train wreck,? said District 5 Commissioner Cindy Meadows, who ultimately voted against the proposal.
Meadows was referring to the limits of the planning department because of the covenants and restrictions. Without them, the developers would have had to seek approval based on a ?non-conforming use? platform. Non-conforming uses do not allow expansion of any existing developments.
Planning Director Pat Blackshear admitted the situation was sort of a quagmire that could only be regulated with amendments to the land development code.
?This is the type of situation I have been warning about since day one,? said Blackshear, who joined the department in 2005. ?We outlined some solutions in the [Evaluation and Appraisal Report] and hopefully we can adopt some amendments.?
Brown?s report stated the impacts of the new development would be ?equal to or less than? the existing non-conforming use, even though it will be two-thirds larger and more than double the occupancy guidelines suggested by the Department of Environmental Protection.
Elton Stephens, whose family has had a presence in Seagrove beach since 1949, was against the decision.
?We?re not against progress, but Seagrove is quiet and peaceful and we like it the way it is,? he said. ?This is going to bring too many people to an area of the beach that is already crowded.?
With commissioners Meadows and Sara Comander voting against the proposal, it passed 3-2. There is no word on when demolition of the Seagrove Villas will begin.
Now we know why it was so important to give Redfish Village's private gated access project the go ahead. The precedent set goes right along with this one. Vote for Naturewalk was the same as RFV and by the same folks!!!
To be fair, maybe it should be known that Attorney George Ralph Miller's daughter is married to Commissioner Brannon's Brother.
That is news to me. If that is the case, how could Brannon even vote on the issue which benefits his family's business, much less make the motion in favor of his family's gain?Had I known that, at the meeting, I would have questioned George Miller and asked him if he had a daughter and who she is married too. The crowd would have gasped, as would have Mr Miller when the questions were posed, not that he would have answered.
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Is this really true?!? I've seen a lot of bad movies, but never been in one like this, affecting my home county and a proposed development only blocks from my house.
I've only been here a few years, but Seagrove is one of those places that just doesn't need this kind of development. I also let those three CC's know that their votes were not in keeping with what South Walton Residents want or need, much less the environmental impact to that precious area, and that I hoped Walton County would ignore them next election as they have ignored Walton County. Isn't there a lawyer among us? Would it be a class action suit as it affects so many local residents. I'm a law dummy, but there must be someone who can help us. A Petition obviously doesn't do much good ...didn't we have one of those on the board?